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Is an employment contract enforceable?


I signed a two year contract which expires in December.
The stipulations are: If I quit or I am terminated before the date set in December, I will have to pay back over 12,000.00 in training costs. I have been told by very prominent persons in the community that it is unenforceable.
If you have the answer, what sources have you gathered your information from?

In addition:
My employer has made numerous promises and nothing has been followed up on.

I don't care how "prominent" a "person in the community" is, if they are not an attorney, then they should not give legal advise. They are almost always wrong.

Talk to an attorney who practices employment law. Employment contracts are generally enforceable, but it depends upon the specific terms and how well it is drafted.

I would suggest that you don't try the system. You took the training, you said you would stay, so stay. Is it enforceable, maybe, maybe not. I think it is, but I wouldn't challenge it. 4 months isn't that long to stay on a job.

You signed a legal contract. You agreed to the terms that if you left before December, you would have to pay back $12,000 for training costs. Doesn't matter too much what the deal is, you signed it and said OK.

Any contract (even a verbal one) which does not deny you constitutional rights or require you to participate in or conceal illegal activity is legally binding.

You can only get out of it if your employer lets you out of it, they are involved in illegal activities or violating your civil rights. If either of the last are the case than you must go through the courts to get out of your contract.

When you agreed to the contract, the company incurred $12,000 worth of expense based on your agreement. It would be the same as a $12,000 signing bonus.By quitting, you'd be denying them the benefit of the training. You can't give back the training, so you'd have to give back the money. Pretty simple concept.

The only contracts that are not enforceable are those which are ambiguous, those in which there is not equanimity (both sides get something for giving something), those that are usurious (excessive interest), those signed under duress, and those which are illegal (a murder contract, for instance).

Your only hope would be to settle for a portion of the amount since you aren't quitting immediately after training. Acceptance would be entirely up to them, though.

Unless these prominent people are lawyers, spend $100 and go ask one.

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